HB59 Alabama 2018 Session

Updated Feb 26, 2026

High Interest

Summary

Primary Sponsor: Corey Harbison
Republican
Session: Regular Session 2018
Title: Domestic violence, in the first, second, and third degree, committed in the presence of a minor, increased incarceration periods and enhanced penalties, Secs. 13A-6-130, 13A-6-131 am'd.
Summary: HB 59 would double the minimum prison terms for certain first- and second-degree domestic violence cases when a child under 14 is present and the victim is a parent or guardian.
What This Bill Does
The bill doubles the minimum term of imprisonment for first-degree DV if the offense involved a child under 14 and the victim is the parent or guardian, and it also doubles the minimum term if the offender willfully violates a protective order during the DV act. It similarly doubles the minimum term for second-degree DV in the same child-presence scenario and in cases involving protection-order violations. The bill notes potential local-funding effects but is exempt from the usual local-approval requirement because it changes the crime definitions. It becomes law on the first day of the third month after the Governor signs it.

Who It Affects
Defendants convicted of first- or second-degree domestic violence in cases where a child under 14 was present and the victim is the parent or legal guardian, or where a protective order was willfully violated during the offense; these offenders would face doubled minimum prison terms.
Local governments and taxpayers in Alabama may experience local-funding implications, as the bill notes potential increased local costs, but the bill is exempt from the usual local-funding approval process because it redefines or adds to the crime statute.

Key Provisions
§13A-6-130(a): Defines first-degree DV and sets a minimum term of imprisonment (at least one year for certain convictions), with the minimum term doubled if a child under 14 is present and the victim is the parent/guardian, and also doubled if a protection order is willfully violated during the offense.
§13A-6-131(a): Defines second-degree DV and sets a minimum term (six months for second/subsequent convictions), with the minimum term doubled if a protection order is willfully violated, and doubled if the offense involved a child under 14 present with the victim being the parent/guardian.
Section 2: The bill is exempt from Amendment 621 local-funding requirements because it defines or amends a crime, despite noting potential local-funding effects.
Section 3: Effective date is the first day of the third month after the Governor signs the bill.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Domestic Violence